The group led by Abdul Wahab Hassan filed the judicial review application at the Kuala Lumpur High Court registry last week after the Election Commission’s Registrar of Electors dismissed their objection to include the names in the third quarter supplementary rolls.
In their application, they want the court to quash the decision to enter the 949 names and a declaration that the exercise was unconstitutional.
The EC and registrar have been named as respondents to the action.
In an affidavit in support of their application, the applicants said the entry of names on the rolls was illegal as it ran foul of Article 119 of the Federal Constitution.
They said many irregularities were discovered during a public inquiry when the EC conducted an open hearing between Dec 4 and 10. The registrar, however, dismissed their complaints after the inquiry .
The applicants have also asked for a stay of the EC’s decision to enter the names of the 949 voters as the court cannot hear their complaints once the rolls are gazetted.
Lawyer A Surendra Ananth told reporters that justice Kamaludin Md Said had given applicants an interim stay to restrain the EC from gazetting the names of the 949 voters pending the disposal of their leave application.
Kamaludin has fixed Jan 3 to hear the leave application to give time to the attorney-general to respond to the affidavit filed by the applicants who were also represented by Michelle Ng, Joanne Chua and Jamie Lee.
Government lawyer Suzana Atan and Nik Azreen Nik Abdullah appeared for the EC and the registrar.
Last month, the media reported that 1,051 “phantom voters” had been registered at the Segamat army camp which has yet to obtain the certificate of fitness and completion from the local authority.
FMT understands that another action will be filed tomorrow by PKR to object to the entry of 102 potential voters in the same seat.
DAP Parliamentary leader Lim Kit Siang recently asked if the padding of 1,051 army voters to the Segamat parliamentary constituency was to save MIC president and Health Minister Dr S Subramaniam who won the seat in the 13th general election with a slim majority of 1,217 votes.